LAWSUITS NEWS & LEGAL INFORMATION
Hazardous Materials
Baton Rouge, LA: (Mar-17-08) A federal lawsuit was brought against Chemical & Metals Industries Inc. (C&MI), a Colorado company, alleging that it shipped hazardous materials in a mislabeled container that contributed to the death of Delvin Henry, a 32-year-old employee of Honeywell International of Baton Rouge, LA. The suit claimed that C&MI was liable on counts of negligent endangerment resulting in death, and illegal storage of hazardous waste.
The investigation surrounding the 2003 wrongful death was originally centered on Honeywell before leading to C&MI having neglected to test the contents of a cylinder Honeywell had marked as hazardous waste and sent to C&MI for recycling in October of 1998. Sources stated that the cylinder contained substances consistent with spent catalyst, a deadly byproduct of a cooling substance known as refrigerant, manufactured by Honeywell and used in refrigerators and air conditioners.
The wrongful death occurred when on July 29, 2003 when Henry opened the mislabeled cylinder at Honeywell, releasing a portion of the 1,800 pounds of highly toxic and corrosive spent catalyst. Henry was struck by the violent release of the chemicals, suffered third-degree burns and died the next day. No one else was injured. Court records showed that Honeywell pleaded guilty in federal court in February 2007, to negligently placing another person in imminent danger of death and causing the release of hazardous air pollutants.
As part of a settlement reached, the company was sentenced to two years probation by US District Judge Ralph Tyson. It also agreed to pay an $8 million criminal fine, $2 million in restitution to Henry's family and $2 million to local law-enforcement agencies. Sources state that the settlement is the largest criminal fine and restitution award in the history of Baton Rouge federal court. [THE ADVOCATE: COMPANY INDICTED FOR MAN'S DEATH]
Published on Mar-18-08
The investigation surrounding the 2003 wrongful death was originally centered on Honeywell before leading to C&MI having neglected to test the contents of a cylinder Honeywell had marked as hazardous waste and sent to C&MI for recycling in October of 1998. Sources stated that the cylinder contained substances consistent with spent catalyst, a deadly byproduct of a cooling substance known as refrigerant, manufactured by Honeywell and used in refrigerators and air conditioners.
The wrongful death occurred when on July 29, 2003 when Henry opened the mislabeled cylinder at Honeywell, releasing a portion of the 1,800 pounds of highly toxic and corrosive spent catalyst. Henry was struck by the violent release of the chemicals, suffered third-degree burns and died the next day. No one else was injured. Court records showed that Honeywell pleaded guilty in federal court in February 2007, to negligently placing another person in imminent danger of death and causing the release of hazardous air pollutants.
As part of a settlement reached, the company was sentenced to two years probation by US District Judge Ralph Tyson. It also agreed to pay an $8 million criminal fine, $2 million in restitution to Henry's family and $2 million to local law-enforcement agencies. Sources state that the settlement is the largest criminal fine and restitution award in the history of Baton Rouge federal court. [
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